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HomeMy WebLinkAboutPC RES 2739 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 2739 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING TO THE TUSTIN CITY COUNCIL APPROVAL OF VESTING TENTATIVE TRACT MAP NO. 13908 The Planning Commission of the City of Tustin does hereby resolve as follows: I · The Planning Commission finds and determines as follows: A· That Vesting Tentative Tract Map No. 13908 was submitted to the Planning Commission by Akins Development Company, for consideration. Bo That a public hearing was duly called, noticed and held for said map on January 8, 1990. Co That an Environmental Impact Report (EIR 85- 2 for the East Tustin Specific Plan) has been certified in conformance with the requirements of the California Environmental Quality Act for the subject project area. Do That the proposed subdivision is in conformance with the Tustin Area General Plan, adopted East Tustin Specific Plan, Development Agreement and Subdivision Map Act as it pertains to the development of single family detached dwellings. E· The 0.9894 acres of parkland required for this development was previously dedicated with recordation of Tract 12870. F· That the City has reviewed the status of the School Facilities Agreement between the Irvine Company and the Tustin Unified School District, the East Tustin Specific Plan, EIR 85-2 with subsequently adopted supplements and addenda, the impacts of Vesting Tentative Tract 13908 on School District facilities, and reviewed changes in State law, and finds and determines that the impacts on School District facilities by approval of this map are adequately addressed. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 2739 Page two G· That the site is physically suitable for the type of development proposed. H· That the site is physically suitable for the proposed density of development. I · That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat. J · That the design of the subdivision or the type of improvements proposed will not conflict with easements acquired by the public-at- large, for access through or use of the property within the proposed subdivision. That the design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems. II. The Planning Commission hereby recommends to the City Council approval of Vesting Tentative Tract Map No. 13908 subject to the conditions attached hereto as Exhibit A. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 8th day of January, 1990. Secretary LESLIE ANNE PONTIOUS, Chairman STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, PENNI FOLEY, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. ~'7~-'~/ was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the ~'¥'-. day of PENNI FOLEY Recording Secretary EXHIBIT A VESTING TENTATIVE TRACT MAP 13908 RESOLUTION NO. 2739 CONDITIONS OF APPROVAL PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS (1) 1.1 Prior to recordation of final map, the Subdivider shall (2) prepare plans for and construct or post security guaranteeing (3) construction of all public and/or private, infra~;tructure (6) improvements within the boundary of said tract map conformance with applicable City standards, including but not limited to the following: ao Co D. E. F. G. H. I. J. L, Ne · Curb and gutter/cross gutters Sidewalks including access facilities for physically handicapped persons Drive aprons/approach Street paving Street signing and paving Landscaping/irrigation facilities Sanitary sewer service facilities Domestic water service facilities Reclaimed water service facilities Utility connections (i.e., gas, electric, telephone, and cable T.V. facilities) Traffic signal systems and other traffic control devices Street and paseo lighting Storm drains and subdrains (* The storm drain facilities within this tract will be private drains to be maintained by homeowner's association) Undergrounding of existing and proposed utility distribution lines Lot monumentation Fire hydrants Emergency access drives and easements (6) The amount of acceptable security for construction of public improvements shall be reviewed and approved by the Public Works Department. The amount and acceptable security for private improvements shall be reviewed and approved by the Building Official. (1) 1.2 Ail construction within a public right-of-way and/or public easement must be shown on a separate 24" X 36" plan with all construction referenced to applicable City, County, or Irvine Ranch Water District standard drawing numbers. (1) 1.3 Ail changes in existing curbs, gutters, sidewalks and other (6) public improvements shall be responsibility of subdivider. (1) 1.4 Preparation of plans for and construction of: (2) Exhibit A Resolution No. 2739 Page 2 (6) A. (1) ~.5 (5) (6) Be Ce Ail sanitary sewer facilities must be submitted as required by the City Engineer and local sewering, agency. These facilities shall include a gravity flow system per standards of the Irvine Ranch Water District. A domestic water system must be to the standards of the Irvine Ranch Water District/City of Tustin Water Service, whichever is applicable at the time of plan preparation. Improvement plans shall also be reviewed and approved by the Orange County Fire Department for fire protection purposes. The adequacy and reliability of water system design and the distribution of fire hydrants will be evaluated. The water distribution system and appurtenances shall also conform to the applicable laws and adopted regulations enforced by the Orange County Health Department. Any required reclaimed water systems shall be to the standards as required by the Irvine Ranch Water District. Sewer and water facilities shall be clearly indicated as publicly maintained. Maintenance access to water facilities shall be the responsibility of the homeowner's association and accommodations for such access shall be established prior to building permit issuance. Proposed private streets shall be designed to the following specifications: A® Ail proposed streets shall be designed in substantially the same width and alignment as shown on the approved vesting tentative map unless modified and approved by the Directors of Community Development and Public Works. 1) The proposed private streets shall be considered a private street and shall be at least 36 feet in width from curb to curb, and shall include a 5 foot sidewalk, street trees, and street lights. 2) The project entry street shall contain a 20 foot wide ingress, a 24 foot wide egress and an 8 foot wide landscaped median. Be Ail private streets and drives shall be constructed in accordance with City requirements in terms of type and quality of materials used. Exhibit A Resolution No. 2739 Pa~e 3 Sidewalk areas shall flare around the placement of all above ground facilities, such as signing, street lights and fire hydrants unless located outside of sidewalk widths within public utility easement areas subject to condition 7.1 P. of this Exhibit. *** D. Parking shall only be permitted on private streets as approved by the Police and Fire Departments. Signage and red curbing shall be installed where appropriate. Ee Street names are subject to approval of the Tustin Street Naming Committee and Community Development Department. (1) 1.6 Private streets, storm drain, water & sewer improvement plans (6) shall comply with the "City of Tustin" Minimum Design (8) Standards for on-site Private Street and Storm Drain Improvements. DEDICATIONS/RESERVATIONS/EASEMENTS (1) 2.1 The subdivider shall satisfy dedication and/or reservation (2) (5) (6) requirements as applicable, including but not limited to dedication of all required street and flood control right-of-way easements, vehicular access rights, sewer easements and water easements defined and approved as to specific location by the City Engineer and other reasonable agencies. CONSTRUCTION ACTIVITIES ADJACENT TO PUBLIC RIGHT-OF-WAY (1) 3.1 Prior to recordation of the final map, subdivider shall post (2) with the Community Development Department a minimum $2,500 (6) cash deposit or letter of credit to guarantee the Sweeping of streets and clean-up of streets affected by construction activities. In the event this deposit is depleted prior to completion of development or City appearance of public streets, an additional incremental deposit will be required. (1) 3.2 Any damage done to existing street improvements and utilities (6) shall be repaired before acceptance of the tract and/or issuance of a Certificate of Occupancy for the development on any parcel within the subdivision. (1) 3.3 Prior to any work in the public right-of-way, an Excavation Exhibit A Resolution No. 2739 Page 4 Permit must be obtained and applicable fees paid from the Public Works Department. GRADING/GENERAL (1) 4.1 Prior to issuance of grading permits: (2) (6) A. A detailed soils engineering report shall be submitted to and approved by the Building Official conforming to the requirements of the Uniform Building Code, City Grading Requirements, and all other applicable State and local laws, regulations and requirements. Be Preparation and submittal of a grading plan subject to approval of the Department of Community Development delineating the following information- · · · · Methods of drainage in accordance with all applicable City standards. All recommendations submitted by geotechnical or soils engineer and specifically approved by them. Compliance with conceptual grading shown on tentative tract map. A drainage plan and necessary support documents such as hydrology calculations to comply with the following requirements: · a. Provision of drainage facilities to remove any flood hazard to the satisfaction of the City Engineer which will allow building pads to be safe from inundation from rain fall which may be expected from all storms up to and including he theoretical 100 year storm and dedication of any necessary easements on the final map as required. b. Elimination of any sheet flow and ponding across lot lines. c. Provision of drainage facilities to protect the lots from any high velocity scouring action. d. Provision for tributary drainage from adjoining properties. All flood hazard areas of record. A note shall be placed on the grading plan requiring Community Development Department approval of rough grading prior to final clearance for foundations. The Department will inspect the site for accuracy of elevations, slope gradients, etc. and may require certification of any grading related matter. Exhibit A Resolution No. 2739 Page 5 *** 7. ,, · · Note on plans that a qualified paleontologist/ archeologist, as appropriate, shall be present during rough grading operations. If resources are found, work shall stop in the affected area and all resources shall be excavated or preserved as deemed appropriate or as recommended by the paleontologist/archeologist subject to review and approval by the Department of Public Works and Community Development. All "finds" shall be reported immediately to the Department of Community Development. The paleontologist/archeologist shall attend the pr·grade construction meeting to ensure that this condition and necessary procedures in the event of a "find" are explained. Preparation of a sedimentation and erosion control plan for all construction work related to the subject tract including a method of control to prevent: dust and windblown earth problems. The developer shall be responsible for grading within the emergency access easement over Lot A (Lot D of Tract 12870). Ce Submittal of a construction traffic routing plan to be reviewed and approved by the Director of Public Works. (1) 4.2 Ail earthwork shall be performed in accordance with the City (3) of Tustin Municipal Codes and grading requirements. 4.3 Provide information to ensure compliance with Condition 3.3 of Exhibit A of Resolution No. 2738 regarding a pedestrian paseo that shall be used as emergency access. FIRE DEPARTMENT 5.1 Prior to the recordation of a final tract map, water improvement plans shall be submitted to and approved by the Fire Chief for adequate fire protection and financial security posted for the installation. The adequacy and reliability of water system design, location of valves, and the distribution of fire hydrants will be evaluated in accordance with Insurance Services Office suggested standards contained in the "Grading Schedule" for Municipal Fire Protection. 5.2 Prior to the issuance of building permits for combustible construction, evidence that adequate water supply for fire protection is available shall be submitted to and approved by the Fire Chief. Fire hydrants shall be in place and operational to meet required fire-flow prior to commencing Exhibit A Resolution No. 2739 Page 6 construction with combustible materials. 5.3 Prior to the recordation of a final tract/parcel map, fire protection access easement, shall be approved by the Fire Chief and dedicated to the County of Orange. The CC&R's shall contain provisions which prohibit obstructions within the fire protection access easement and also required Fire Chief approval for any modifications such as speed bumps, control gates, or changes in parking plan within said easement. 5.4 Prior to issuance of any building permits, a construction phasing plan shall be submitted to and approved by the Fire Chief. The purpose of this review is to evaluate the adequacy of emergency vehicle access for the number of dwelling units served. 5.5 Prior to issuance of any building permits, plans for an automatic fire extinguishing system shall be approved by the Fire Chief. Such systems shall be operational prior to the issuance of a certificate of use and occupancy. 5.6 Prior to the issuance of any certificates of use and occupancy, the private streets shall be red curbed and posted "No Parking-Fire Lane" as per 1985 Uniform Fire Code Section 10.207 in a manner meeting the approval of the County Fire Chief. All cul-de-sacs shall be designated as "No Parking" areas. 5.7 Prior to issuance of building permits, construction details for any future controlled entry access shall be approved by the Fire Chief. These details shall include width, clear height, and means of emergency vehicle over-ride. NOISE (1) 6.1 Prior to the issuance of any building permits: (2) (3) A. A final acoustical analysis report describing the . acoustical design features of the structures required to satisfy the exterior and interior noise standards shall be submitted to the Tustin Community Development Department for approval along with satisfactory evidence which indicates that the sound attenuation measures specified in the approved acoustical report(s) have been incorporated into the design of the project. The acoustical analysis shall be prepared by an expert or authority in the field of acoustics. Exhibit A Resolution No. 2739 Page 7 Ail residential lots and dwellings shall be sound attenuated against present and projected noises, which shall be the sum of all noise impacting the project, so as not to exceed an exterior standard 65 dba CNEL in outdoor lighting areas and an interior standard of 45 dba CNEL in all habitable rooms is required. Evidence prepared under the supervision of an acoustical consultant that these standards will be satisfied in a manner consistent with applicable zoning regulations shall be provided. B, Due to the requirements for Sector 8 of the East Tustin Specific Plan, the report shall address impacts and mitigation of noise from Tustin Ranch Road on the residences to the west of Tract 13908 and compliance with the maximum 55 CNEL permitted at their foundations. (1) 6.2 Prior to issuance of any Certificates of Use or Occupancy, (3) field testing in accordance with the Title 25 regulations may be required by the Building Official to verify compliance with STC and IIC design standards. (1) 6.3 Ail construction operations including engine warm up shall be (9) subject to the provisions of the City of Tustin Noise Ordinance and shall take place only during the hours of 7:00 a.m. until 6:00 p.m., Monday through Friday unless the Building Official determines that said activity will be in substantial conformance with the Noise Ordinance and the public health and safety will not be impaired subject to application being made at the time the permit for the work is awarded or during progress of the work. CC&R'S (1) 7.1 Prior to approval of the final map, all organizational (3) documents for the project including any deed restrictions, (8) covenants, conditions, and restrictions shall be Submitted to (9) and approved by the Community Development Department and City Attorney's Office. Costs for such review shall be borne by the subdivider. A copy of the final documents shall be submitted to the Community Development Department after their recordation. CC&R's shall include but not be limited to the following provisions: ae Since the City is interested in protecting the public health and safety and ensuring the quality and maintenance of common areas under control o£ a Homeowner's Association, the City shall be included as Exhibit A R~solution No. 2739 Page 8 Be Ce De Ee Fe a party to the CC&R's for enforcement purposes of those CC&R provision:s in which the City has interest, as reflected by the following B through N. However, the City shall not be obligated to enforce the CC&R's. The requirement that association bylaws be established. Provisions for effective establishment, operation, management, use, repair and maintenance of all common areas and facilities including landscaped areas and lots, walls and fences, private roadways (i.e., walks, sidewalks, trails) and paseos. Membership in any Homeowner's Association and Master Association shall be inseparable from ownership in individual lots. Architectural controls shall be provided and may include but not be limited to provisions regulating exterior finishes, roof materials, fences and walls, accessory structures such as patios, sunshades, trellises, gazebos, awnings, room additions, exterior mechanical equipment, television and radio antenna. Maintenance standards shall be provided for applicable items listed in Section C above in CC&R's. Examples of maintenance standards are shown below: (1) Ail common area landscaping and private lawn areas visible from any public way shall be properly maintained such that they are evenly cut, evenly edged, free of bare or brown spots, free of debris and free of weeds above the level of the lawn. All planted areas other than lawns shall be free of weeds, dead vegetation and debris. All trees and shrubs shall be trimmed so they do not impede pedestrian traffic along the walkways. Trees shall be pruned so they do not intrude into neighboring property and shall be maintained so they do not have droppings or create other nuisances to neighboring property. All trees shall also be root pruned to eliminate exposed surface roots and damage to sidewalks, driveways and structures. (2~) All private roadways, sidewalks and paseos shall be maintained so that they are safe for users. Significant pavement cracks, pavement distress, excessive slab settlement, abrupt vertical Exhibit A Resolution No. 2739 Page 9 Ge He I · J · Ko variations and debris on travel ways should be removed or repaired promptly. (3) Common areas shall be maintained in such a manner as to avoid the reasonable determination of a duly authorized official of the City that a public nuisance has been created by the absence of adequate maintenance such as to be detrimental to public health, safety, or general welfare, or that such a condition of deterioration or disrepair cause harm or is materially detrimental to property values or improvements within the boundaries of the subdivision and Homeowner's Association, to surrounding property, or to property or improvements within three hundred (300) feet of the property may also be added as alternative language. Homeowner's Association approval of exterior improvements requiring a building permit shall be obtained prior to requesting a building permit from the City of Tustin Community Development Department. All plans for exterior improvements shall conform to requirements set forth by the City and the CC&R's. All plans submitted to the City shall bear the Association's stamp and authorized signature of approval. Residents shall not store or park any non-motorized vehicles, trailers or motorized vehicles that exceed 7 feet high, 7 feet wide and 19 feet long in any parking, driveway or private street area except for purpose of loading, unloading, making deliveries or emergency repairs except that the Homeowner's Association may adopt rules and regulations to authorize exceptions. The Homeowner's Association shall maintain membership in and assume all corresponding duties and responsibilities of the established Master Homeowner's Association for purposes of maintaining Township Drive and Rawlings Way, and gated private streets. Th~ Association shall be responsible for establishing and following procedures for providing entry gate access to the public utilities for maintenance of their facilities within the project area, subject to those agencies' approval. Ail utility services serving the site shall be installed and maintained underground. Exhibit A Resolution No. 2739 Page 10 ne The Association shall be required to file the names, addresses, and telephone numbers of at least one member of the Association Board and where applicable, a Manager of the project before January 1st of each year with the City of Tustin Community Development Department for the purpose of contacting the association in the case of emergency or in those cases where the City has an interest in CC & R violations. Me Disclosure information related to aircraft noise impacting the subdivision, as approved by the City of Tustin Community Development Department. Ne Perimeter project block walls to be constructed on private property shall be maintained and replaced, if necessary by a Homeowner's Association. This shall not preclude a Homeowner's Association from assessing charges to individual property owners for structural damage to the wall or fence. Oe No amendment to alter, modify, terminate or change the Homeowner's Association's obligation to maintain the common areas and the project perimeter wall or other CC&R provisions in which the City has an interest, as noted above, or to alter, modify, terminate or change the City's right to enforce maintenance of the common areas and maintenance of the project perimeter wall, shall be effective without the prior written approval of the City of Tustin Community Development Department. Pe Provisions shall be made to specifically identify that street light standards and mailboxes may be located within the three foot public utility easement behind the private street right-of-way. Where such facilities are located on private property within the utility easement, notification shall be given to those owners as to the locations, types and quantities of all facilities as it relates to their specific property. TENANT/HOMEBUYER NOTIFICATION (1) 8.1 Prior to issuance of Certificate of Occupancy: (2) A. A document separate from the deed shall be recorded which , will be an information notice to future tenants/homebuyers of aircraft noise impacting the subdivision. The notice shall further indicate that Exhibit A Resolution No. 2739 Page 11 additional building upgrades may be necessary for noise attenuation. This determination to be made as architectural drawings become available and/or where field testing determines inadequate noise insulation. Be The Subdivider shall submit for review and approval of content by the Director of Community Development, a copy of rental/sales literature for the residential project with the approved aircraft/helicopter noise statement and the approved schools notification statement, printed on it. Any changes to the rental/sales literature after initial City approval shall be submitted to the Director of Community Development for approval. Ce The subdivider shall provide the City with a copy of the approved aircraft/helicopter noise statement which shall contain a disclosure document on aircraft notification. Said document must be signed by each tenant/homeowner prior to occupancy of any unit. The content of the statement shall be approved by the Director of Community Development prior to circulation. De The developer shall provide the City with a schools notification statement which shall be reviewed and approved by the Director of Community Development and participation by the governing school district which shall indicate: (1) The location of existing and proposed elementary, middle and high schools which will serve the subdivision (text and map). (2.) Advice to homebuyers that proposed school sites may never be constructed. Ee The Subdivider shall provide the City with a statement which must be signed by each tenant/homebuyer which shall contain a comprehensive description of all private and public improvements and developments adjacent or in close proximity to the proposed development. (1) 8.2 Subdivider shall notify all potential homebuyers of the (6) following Assessment/Maintenance Districts affecting the property: A. Assessment District 86-2 B. City of Tustin 1982 Landscaping and Lighting District as Exhibit A Resolution No. 2739 Page 12 amended. FEES · --l) 9.1 Prior to recordation of any final map, Subdivider shall pay 3) plan check and inspection fees for all public and/or private 5) infrastructure improvements within City's responsibility (9) excluding those financed by an Assessment District. (1) 9.2 Prior to issuance of certificates of use or occupancy, the (6) Subdivider shall pay all costs related to the calculation of the revised parcel assessments, the preparation of the revised assessment diagram and other required administrative duties related to any Assessment Districts applicable to the subdivision. (1) 9.3 Prior to issuance of any building permits, payment shall be (3) made of all required fees including: (6) (9) A. Major thoroughfare and bridge fees to Tustin Public Works Department. Bo Sanitary sewer connection fee to Orange County Sanitation District. Ce Grading plan checks and permit fees to the Community Development Department. De Ee Fo Ail applicable Building plan check and permit fees to the Community Development Department. New development fees to the Community Development Department. School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the Irvine Company. Go Required East Tustin Facility Fees as may be adjusted to reflect cost of living increases prior to issuance of building permits: 1) Civic Center Expansion Fee 2) Irvine Boulevard Widening Fee 3) Fire Protection Facility Fee Exhibit A Resolution No. 2739 P~ge 13 GENERAL (1) 10.1 Within 24 months from tentative map approval, the Subdivider shall file with appropriate agencies, a final map prepared in accordance with subdivision requirements of the Tustin Municipal Code, the State Subdivision Map Act, and applicable conditions Contained herein unless an extension is granted pursuant to Section 9335.08 of the Tustin Municipal Code. (1) 10.2 Prior to occupancy of units, the Subdivider shall record a final map in conformance with appropriate tentative map. (1) 10.3 Prior to final map approval. A. Subdivider shall submit a current title report. Be Provision for landscaping maintenance of landscape lots and easements adjacent to project private streets and emergency access/paseo easement through Lot D shall be the responsibility of the adjoining property owners and/or Homeowner's Association of Tract 13908. Ce Subdivider shall submit a duplicate mylar of the Final Map, or 8 1/2 inch by 11 inch transparency of each map sheet prior to final map approval and "as built" grading, landscape and improvement plans prior to certificate of acceptance. (1) 10.4 Subdivider shall conform to all applicable requirements of the State Subdivision Map Act, the City's Subdivision Ordinance, in the East Tustin Specific Plan and Development Agreement, EIR 85-2, and applicable conditions for Final Map 12870. (1) 10.5 The cumulative number of residential units for which (9) certificate of occupancy may be issued shall not exceed the (5) cumulative total or square feet of occupied revenue generating (2) uses; or equivalents as shown in the East Tustin Specific Plan Development Agreement. 10.6 Prior to release of building permits all conditions of approval of Design Review 89-46 of the subject project shall be complied with as shown on Exhibit A attached to Resolution No. 2738 and incorporated herein by reference. 10.7 Reciprocal access (vehicular, parking and pedestrian) easements between all lots created by Vesting Tentative Tract 13908 shall be noted on any final map. Exhibit A Resolution No. 2739 Page 14 The subdivider of Lot 3, and subsequently the project Homeowner's Association shall maintain membership in the established Master Homeowner's Association for purposes of maintaining Township Drive and Rawlings Way, the gated private streets. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION EH:pef